Importance of a Last Will and Testament: Who Is Your Heir?

Who is an heir or who are the heirs of a deceased person? The law determines who are the heirs if the dead has made no testament. This hot death inheritance law. With a will, one can differ from the default rules. That is called testamentary succession. The law divides the possible heirs (the family members) into four groups. Only when no family member present, come in a group of persons from the subsequent group as heir.

The non-blood relatives, such as brothers-in-law, sisters-in-law, wife’s children or stepchildren may never heirs according to the law. Spouses and registered partners are, as non-blood relatives, the exception to this rule. Below the death right in detail so the death intestate.

Married/registered partnership without children

When you are married at the time of your death or a registered partner has no children, then your spouse (e) or your registered partner your sole heir.

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Example: a man dies and leaves a wife behind. The man has one heir, namely his wife. She gets everything.

Married/registered partnership with children

The law provides that the surviving spouse or registered partner well taken care of. This arrangement is called the legal distribution. At a legal distribution the entire estate to the surviving spouse/registered partner. This does not mean that the children will be. The children receive an advancement in money that is payable only upon the death of the last surviving. The surviving spouse/registered partner by the Legal Division to automatically let any owner of all assets and debts become the legacy of heritage, meaning the crown gets it. This is why you must consult a firm like Wills Trusts LPA UKĀ for a thorough will writing discussion.

Example: a man dies and leaves a wife and two children. The man has three heirs, to know his wife and his two children; each inherits 1/3 portion, but everything is automatically allocated to the wife. They had only the right to 1/3 and got so debt to the two children for 2/3.

Please note!: For cohabitants who have concluded a cohabitation contract at the notary, do not apply the same rules as for married couples or registered partners.

Unmarried and not registered as a partner with children

When you are unmarried at the time of your death or no registered partner, and you do have children, then your children heir, each for an equal share. Grandchildren inherit if their father or mother is deceased. The grandchildren than in the place of their deceased parent. This is called order of representation.

Example 1: a man dies after his wife and lets two children. The man has two heirs, namely his two children; each inherits 1/2 each.

Example 2: a man dies. He had two children, one of which is before he has died to leave behind two (small) children. The death law of succession States that grandchildren in the place of their deceased parent (order of representation). Get 1/2 the living child area. The two grandchildren take the place of their older and get together 1/2 or 1/4 per person.

Parents, (half) brothers and sisters

There are no spouses, or registered partners (small) children inherit parents, brothers and sisters each an equal share with the understanding that parents each get at least a quarter. Half-brothers and-sisters inherit half of what siblings inherit.

Example 1: a man has no wife and no children. At his death in life are both parents and two brothers. Each inherits 1/4 then area.

Example 2: a man has no wife and no children. At his death in life both of his parents and three brothers, then inherit the parents each 1/4 portion and the brothers each 1/6 area. For example, if he is already, a brother, deceased leaving behind children, the estate his children recieve together in his place.

Grandparents, uncles, aunts, nephews, and nieces

If the deceased has no wife and (Grand) children and parents and brothers and sisters with descendants, the grandparents on the turn with their (Grand) children, uncles, aunts, nephews, and nieces. If there are not then come the great-grandparents with their descendants emerged as heir. The succession does not go beyond the great-grandparents and their descendants.

If no heirs more alive gets the State of the inheritance.

Testamentary succession

In a will state who is the heir and for how much. The heirs do not have to be family members of the deceased. Good friends, a foundation or a charity can also make the heir. Children who are not in the will are included can call on their legal inheritance. Also, a disinherited spouse/registered partner gets certain rights if needed for his or her care.